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  |      Rashi is Simple Version 2.0                         |
  |      (C) Dr Hendel, Summer 2000                          |
  |       http://www.RashiYomi.Com                           |
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VERSE: Dt16-19a


RASHIS COVERED: Dt16-19a Dt16-19b Dt16-19c
                Dt16-19d Dt16-19e Dt16-20a


BACKGROUND: The Bible is discussing JUDICIAL PROCESS.
---------- Several commandments are given to enhance
Judicial process.


RULE: The commandments form a hierarchy showing the 3
---- prerequisites needed to create a societal atmosphere of
Justice. Quite simply one must not "pervert" justice. However
there are 3 places in the Judicial process where Justice can
be perverted


EXAMPLES (of where Justice should not be perverted)
--------
1) Dt16-19a: Don't change the VERDICT
          eg Say an innocent person is guilty

2) Dt16-19b: Don't harass the LITIGANTS
          eg Don't smile at one person but not the other
          As this makes them unable to articulate their claims
          (NOTE: That it is Biblically prohibited to eg smile
          at one litigant but not the other--Rambam Courts 21)

3) Dt16-19c: Dont harass YOURSELF
          eg After deciding a person is innocent it is still
          prohibited to take a bribe that he is innocent
          because the bribe might not affect the verdict
          but would affect the sentencing *1 *2  *3

Dt18-02a: If you have fulfilled these 3 prerequisites--
          Avoided perversion of the VERDICT
          Avoided perversion of the LITIGANTS
          Avoided perversion of     YOURSELF
          Then you have created an ATMOSPHERE OF JUSTICE
          in society which people will respect. *4

NOTES
-----
*1 Dt16-19d: It is impossible that the bribe should not affect
          the sentencing (Maybe you could have pushed towards
          eg a monetary compromise and now that you received
          the bribe you wont)


*2 Notice how we have interpreted
           "Dont take a bribe"
   To mean
           "Dont take a bribe EVEN FOR THE CORRECT VERDICT"
   We have derived this interpretation from the climactic
   development of the paragraph.

   An alternative (or complementary Derivation) comes from
   the REPEATED BIBLICAL MENTION of the verse 'Dont take Bribes'
   This verse is mentioned in Both Ex23-08 and Dt16-19.

   Recall that REPETITION is used to emphasize a concept in
   all circumstances--thus the first statement of 'Dont take
   a bribe' means not to take bribes while the 2nd statement
   would mean not to take it even for a correct verdict.



*3 Dt16-19e: "Dont take Bribes because bribes will blind
              the sharp and distort the WORDS OF THE RIGHTEOUS"


      RASHI on the phrase "WORDS OF THE RIGHTEOUS" says
      'This means 'RIGHTEOUS WORDS'.

      But certainly Rashi would not twist a noun (RIGHTEOUS
      PEOPLE) into an adjective "RIGHTEOUS WORDS'. Everyone
      knows that TZADICK means RIGHTEOUS person not RIGHTEOUS
      words.

      Similarly Rashi even if he was "bothered" by calling
      a Judge who takes bribes as Righteous would not be
      justified in changing a noun into a verb


      But rather Rashi was commenting on the DOUBLE PARSHAS
 -----------------------------------------------------------
     "blind   the          sharp-people"
     "distort the WORDS of Righteous-people"
                  *a
 -----------------------------------------------------------
Notice the contrast between "BLIND the PEOPLE" vs
DISTORT **WORDS** of the righteous.. This distinction between
PEOPLE and WORDS occurs both here and in Exodus.

So Rashi explains that Bribery not only affects your ability
to see sharp distinctions but also affects your ability to
FORMULATE (WITH "WORDS") decisions you have already reached.
Bribery distorts your capacity to express the judgement in
such a manner that it sounds "fair" to both sides.



*4 Again note the repetition: JUSTICE JUSTICE pursue.
   Following Rashi I have explained this as not only
   achieving just laws but also achieving a just
   atmosphere.


RULE USED: CLIMAX
---------------------------------------------------
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Volume 7 Number 10


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